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Client Agreement

Client and User Services Agreement

EGRESS SOFTWARE TECHNOLOGIES LIMITED
CLIENT AND USER SERVICES AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "I ACCEPT" YOU ACCEPT, FOR YOURSELF AND, WHERE YOU HAVE INCLUDED A COMPANY OR OTHER LEGAL ENTITY'S DETAILS ON THE ONLINE REGISTRATION FORM, FOR AND ON BEHALF OF SUCH COMPANY OR LEGAL ENTITY ("COMPANY") (BY WHOM YOU ARE AUTHORISED TO ENTER INTO THIS AGREEMENT) THE FOLLOWING TERMS AND CONDITIONS FROM EGRESS SOFTWARE TECHNOLOGIES LIMITED OF UNIT 16, QUADRANT BUSINESS CENTRE, 135 SALUSBURY ROAD, LONDON NW6 6RJ ("EGRESS").

YOU AND THE COMPANY, WHERE RELEVANT, AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AND, WHERE RELEVANT, THE COMPANY AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND THE COMPANY (AS APPLICABLE).

IF YOU OR, WHERE APPLICABLE, THE COMPANY DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR IF YOU ARE NOT AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF THE COMPANY, DO NOT CLICK "I ACCEPT".

SECTION A: GENERAL CONDITIONS SHALL APPLY TO YOU WHETHER YOU ARE THE CLIENT OR THE USER OF THE SERVICES. ADDITIONAL CONDITIONS SHALL BE APPLICABLE TO YOU IN ACCORDANCE WITH SECTIONS B AND C.

 

  • SECTION A: GENERAL CONDITIONS
  • 1. INFORMATION ABOUT US
  • 1.1 The website found at www.egress.com (the "Website") is owned and managed by Egress and/or its nominated representatives.
  • 1.2 Egress may be contacted at Unit 16, Quadrant Business Centre, 135 Salusbury Road, London, NW6 6RJ, support@egress.com, 0871 376 0014 or +44(0)20 7624 8500.
  • 2. REGISTRATION
  • 2.1 In order to use the Services you or where relevant, the Company, shall be required to register with Egress either as a Client or a User by completing the online registration form made available by Egress on the Website. For the avoidance of doubt, details of services in respect of a Client and a User are more particularly set out in Sections B and C of this Agreement respectively ("Services").
  • 2.2For the avoidance of doubt, you are:
    • 2.2.1 a Client if you wish to create packages of encrypted data ("Encrypted Data") using the data encryption software ("Switch Client") which may only be unencrypted and accessed using a unique randomised string of letters, numbers and characters ("Encryption Key"); and/or
    • 2.2.2 a User if you wish to access the Encrypted Data sent to you by the Client using the Encryption Key or the utility that may be used to un-encrypt such Encrypted Data ("Switch Browser/Reader").
    • Where you are a Client, you may opt to register with Egress as a Subscriber Client or a Pay-As-You-Go Client, details of which are more specifically set out in Section B of this Agreement.
  • 2.3 By completing the online registration form, you, or where relevant, the Company hereby consents to Egress conducting verification and security procedures in respect of the information provided in such online registration form.
  • 2.4 You hereby warrant that the information provided to Egress is true, accurate and correct. You further warrant that you shall promptly notify Egress in the event of any changes to such information.
  • 2.5 Upon the completion and submission of the online registration form by you to Egress, you will select a username and password to facilitate your use of the Services, either as a Client or a User. You shall keep the login(s) and password(s) confidential and secure. Without prejudice to Egress' other rights and remedies, Egress reserves the right to promptly disable your login and suspend your access to the Services if Egress has reason to believe that you have breached this clause 2.5.
  • 3. FORMATION, TERM AND TERMINATION
  • 3.1 Subject to clauses 3.2 and 3.4 hereunder, your contract with Egress for the provision of the Services shall commence on and shall be valid for the period determined as follows:
    • 3.1.1 where you are a Subscriber Client, then upon the receipt of the non-refundable fees ("Subscriber Fee") by Egress and for a term in accordance with the duration for such Subscriber Fee;
    • 3.1.2 where you are a Pay-As-You-Go Client, then upon receipt of the sum equivalent to the non-refundable credits which may be topped up by you ("PAYG Credits") and for a term until the exhaustion of such PAYG Credits through your use of the Services; and
    • 3.1.2 where you are a User, then upon your first access of the Services using the login and password details and for the duration as set out on the Website.
  • 3.2 If you breach this Agreement in any material respect, Egress may give written notice to you of Egress' intent to terminate, and if such breach is not remedied within forty eight (48) hours of the date of such written notice, Egress may terminate this Agreement forthwith without any further notice to you.
  • 3.3 Upon termination of this Agreement for any reason, the rights granted to you in respect of the Services shall terminate and you shall immediately cease all use of the Services whether as a Subscriber Client, a Pay-As-You-Go Client or a User.
  • 3.4 Notwithstanding the foregoing, Egress reserves the right at its sole discretion to:
    • 3.4.1 accept or reject your application and/or refuse you access to the Service (in part or in whole) if you complete the online registration form as a Subscriber or Pay-As-You-Go Client; or
    • 3.4.2 refuse you access to the Service (in part or in whole) if you are a User.
  • 3.5 For the avoidance of doubt, clauses 1, 6, 7, 8, 9, 10, 11 and this clause 3.5 shall survive the termination of this Agreement however arising.
  • 4. SERVICES AND RESTRICTIONS
  • 4.1 In consideration for your compliance with the terms of this Agreement and subject to all the terms and conditions of this Agreement, Egress shall provide the Services to you.
  • 4.2 You shall not, except as expressly permitted in this Agreement (i) modify, translate, create or attempt to create derivative copies of or copy the Services, the software ("Switch Server") located on the Website and/or the software and hardware infrastructure of which certain access is made available to you via the Website ("Portal") in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Services, the Switch Server and/or the Portal to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Services, the Switch Server and/or the Portal or your right to use the Services, the Switch Server and/or the Portal.
  • 4.3 For the avoidance of doubt, the Services shall not include the use, copy, caching, storage, display and reproduction of Encrypted Data (other than logs of filenames and/or folders) in the Switch Server or any of Egress' servers.
  • 4.4 Egress shall use reasonable endeavours to ensure that access to the Services is available at all times, however you acknowledge and agree that the Services may not be accessible from time to time. Wherever possible: (i) all scheduled service interruptions shall take place outside of office hours; and (ii) seven (7) days prior written notice shall be given to you by a notice placed on the Website.
  • 4.5 Egress shall not be liable to you if the Services are unavailable due to conditions or circumstances that are beyond Egress' control, including without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionalities of personal operating systems and the number of other users.
  • 4.6 The public electronic communications network is not controlled by Egress and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner or operator thereof. Such circumstances may result in the Services being made temporarily unavailable. Egress shall take reasonable action to minimise the disruption caused by such circumstances but some such interruptions may not be avoidable.
  • 4.7 You acknowledge and agree that using the Services as a Client and/or a User requires use of the Switch Client and the Switch Browser/Reader. Failure to correctly install or use Switch Client and/or Standalone Client will result in a failure to be able to use the Services provided hereunder.
  • 5. ENCRYPTION KEYS
  • 5.1 Pursuant to the Services, you shall be allocated an Encryption Key which shall be stored on the Egress server and which may be used to un-encrypt the Encrypted Data in accordance with your registration for the Services as a Client or a User.
  • 5.2 You acknowledge and agree that without online access to the Encryption Key, the Encrypted Data cannot be un-encrypted unless access has been previously granted. An internet connection is required for first access.
  • 6. INTELLECTUAL PROPERTY RIGHTS
  • 6.1 Egress has the sole and exclusive ownership or licence to all right, title, and interest in and to the Services, the Switch Server, the Website and the Portal including all copyright and any other intellectual property rights therein. All rights in and to the Switch Server, the Website and the Portal are reserved by Egress and the relevant third party licensors.
  • 6.2 You shall not:
    • 6.2.1 modify, alter or use any registered or unregistered marks/logos owned by Egress; or
    • 6.2.2 do anything which is or could be considered an infringement of any of the Intellectual Property Rights owned by and/or licensed to Egress.
  • 7. WARRANTIES, EXCLUSIONS AND LIMITATIONS OF LIABILITY
  • 7.1 Egress cannot guarantee and does not warrant or represent that any specific results will be produced through the use of the Services. To the maximum extent permitted by law, Egress expressly excludes all representations, warranties, obligations and liabilities in connection with the Services, the Switch Server, the Portal, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
  • 7.2 Subject to clause 7.5, to the maximum extent permitted by law, Egress shall not be liable for any loss, injury, expenses, costs or damage caused in whole or part by, or resulting from:
    • 7.2.1 any failure, delay, interruption or otherwise of the provision of the Services; or
    • 7.2.2 your actions taken pursuant to the receipt of the Services.
  • 7.3 Subject to clause 7.5, the sole remedy with respect to any claims arising out of this Agreement shall be limited in the aggregate to the lower of the monies paid by you from the twelve (12) months preceding the claim or the charges paid to Egress which are applicable to whichever package of Encrypted Data the liability arose in relation thereto. No other monies shall be payable to you by Egress.
  • 7.4 Subject to clause 7.5, in no event shall Egress be liable for:
    • 7.4.1 any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by Users even if advised of the possibility of such damages;
    • 7.4.2 any delay or failure to provide the Services and that is due to third parties, including without limitation, internet service providers, data centres, server hosting companies and telecommunications companies; or
    • 7.4.3 any actions, demands or claims by you against Egress howsoever arising; or
    • 7.4.4 any loss, damage or liability that arises as a result of you making an Encryption Key available to a third party.
  • 7.5 Egress shall indemnify Client in full in respect of any claim by a third party that Client's use of the Services infringes any third party intellectual property rights provided that:
    • 7.5.1 Egress shall be granted control of the claim and Client shall not settle or otherwise compromise the matter without Egress' prior written consent:
    • 7.5.2 Client shall, at Egress' cost, provide all assistance with respect to the claim reasonably required by Egress;
    • 7.5.3 Client shall mitigate all losses, damages and claims which are the subject matter of such indemnity.
  • 7.6 For the avoidance of doubt, nothing in this Agreement shall be deemed to exclude, restrict or limit liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
  • 7.7 Both parties accept that the limitations and exclusions set out in this Agreement are reasonable having regard to all the circumstances.
  • 8. USER OBLIGATIONS
  • 8.1 You are solely responsible for procuring and paying for access to the internet or any other related services and/or facility to enable them to use the Services as a Client or a User.
  • 8.2 You hereby represent, undertake and warrant that:
    • 8.2.1 all information supplied by you for the purpose of registration (including registration on behalf of a Company) is true, complete and accurate in all respects and you shall notify Egress as soon as reasonably practicable of all changes to such information;
    • 8.2.2 you shall keep and, where relevant, shall procure that all employees and/or agents, where you are a Company, keep confidential the login and passwords;
    • 8.2.3 you shall procure that no unauthorised access to and/or use is made of the Services and utilising the login(s) and password(s) allocated to you;
    • 8.2.4 you shall inform Egress immediately if you have any reason to believe that your login and password has become known to any individuals not authorised to use them or if the Services are being or are likely to be used in an unauthorised way.
  • 8.3 To the maximum extent permitted by the applicable law, you shall hereby fully indemnify and undertake to keep Egress fully indemnified (and its employees, directors and agents) forthwith on demand against any actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential losses however arising (including reasonable legal costs and expenses) and suffered or incurred by Egress as a result of a third party claim against Egress and arising directly or indirectly out of any breach or alleged breach of any of the warranties made by you in this Agreement.
  • 8.4 In the event that you are in breach of this clause 8, Egress, without prejudice to any other rights it may have in respect of such breach, may suspend the provision of the Services (wholly or partly) and without notice and shall not be liable for any such suspension of the Services.
  • 9. DATA PROTECTION
  • 9.1 You undertake to ensure that your use of the Services, the Switch Server and the Portal are compliant with all relevant statutory provisions, including but not limited to data protection, fraud and anti-money laundering regulations.
  • 10. CONFIDENTIALITY
  • 10.1 Except for confidential information that is required to be disclosed by law or any regulatory authority, each party undertakes to the other that during the term of these terms and condition and thereafter it shall keep secret and shall not without the prior written consent of the other party disclose to any third party any confidential information relating to the business or affairs of such other party or any other information declared in writing by either party as being confidential.
  • 10.2 Upon written demand from either party, any confidential information shall be returned to the originator of the information including all copies thereof or confirmed in writing that, save as required by law or regulation, it has been destroyed.
  • 10.3 To the extent that it is necessary to implement the provisions of these terms and condition the recipient party may disclose confidential information to its employees, agents or sub-contractors as may reasonably be necessary provided that before any such disclosure the recipient party shall make such persons aware of their obligations of confidentiality under these terms and condition and shall at all times procure compliance with such obligations of confidentiality.
  • 11. GENERAL
  • 11.1 You may not assign this Agreement, in whole or in part, without the written consent of Egress.
  • 11.2 You consent to the use by Egress of such your name in client lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the services being provided by Egress to you.
  • 11.3 This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to this Agreement.
  • 11.4 You agree that because of the unique nature of the Services and Egress's proprietary rights therein, a demonstrated breach of this Agreement by you would irreparably harm Egress and monetary damages would be inadequate compensation. Therefore, you agree that Egress shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.
  • 11.5 If any provision of this Agreement or the Services thereof is declared void, illegal, or unenforceable, the remainder of this Agreement shall be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
  • 11.6 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement shall not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.
  • 11.7 Neither party shall be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
  • 11.8 This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede this Agreement.
  • 11.9 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Egress and such third parties shall not be entitled to enforce any term of this Agreement against Egress.
  •  
  • SECTION B: SPECIAL CONDITIONS FOR CLIENTS
  • If you register to use the Services as a Client, the provisions of this Section B shall apply to you in addition to the provisions in Section A.
  • B1. CLIENT SERVICES
  • B1.1 Subject to the terms and conditions set out in this Agreement, Egress shall provide you with the Services more particularly set out as follows:
    • B1.1.1 use of the Switch Client Key to create the Encrypted Data; and
    • B1.1.2 allocation of the Encryption Key to un-encrypt the Encrypted Data.
  • B1.2 Nothing in this Agreement shall oblige Egress from providing you with any additional Services other than those set out in this Agreement.
  • B2. SUBSCRIBER CLIENTS AND PAY-AS-YOU-GO CLIENTS
  • B2.1 You may register to use the Services as a Subscriber Client or a Pay-As-You-Go Client.
  • B2.2 You are:
    • B2.2.1 a Subscriber Client if you opt to subscribe to the Services in consideration for the payment of the Subscriber Fee; or
    • B2.2.2 a Pay-As-You-Go Client if you opt to use the Services to allow third parties to un-encrypt the Encrypted Data as and when required, in accordance with your availability of sufficient PAYG Credits.
  • B2.3 If you are a Pay-As-You-Go Client, you may upgrade your status to become a Subscriber Client by contacting Egress using the details set out in clause 1.2 of this Agreement.
  • B3. SUBSCRIBER FEE AND PAYG CREDITS
  • B3.1 In consideration for the provision of the Services,
    • B3.1.1 where you are a Subscriber Client, you shall pay to Egress the Subscriber Fee which shall be payable in accordance with the payment terms as set out on the Website or as otherwise expressly agreed between the parties; or
    • B3.1.2 where you are a Pay-As-You-Go Client, you shall procure that you shall have sufficient PAYG Credits to permit such third parties as you wish to permit to en-encrypt the Encrypted Data.
  • B3.2 For the avoidance of doubt, the PAYG Credits are valid for a term of twelve (12) months from the date of your most recent top-up ("Availability Period"). You acknowledge that if you do not exhaust the use of the PAYG Credits within the Availability Period, any unused PAYG Credit shall expire and you shall not have access to the Services without additionally topping up your PAYG Credit.
  • B3.3 All fees are exclusive of VAT, which will be applied to the fees and payable by the Client if applicable, at the standard rate.
  • B3.4 In the event that any fees are not paid in accordance with the provisions herein or where you have exhausted your PAYG Credits or where such PAYG Credits have expired, Egress shall have the discretion to deny you access to the Services without prior notice.
  • B3.5 Egress may increase the Subscriber Fee, where you are a Subscriber Client, or the credits required to access the Services, where you are a Pay-As-You-Go Client, upon thirty (30) days prior notice ("Fee Notice Period") to you which shall be set out on the Website subject always that,
    • B3.5.1 where you are a Subscriber Client, such increase in the Subscriber Fee shall only be applicable to you upon the completion of the applicable term for which the then existing Subscriber Fee applies; or
    • B3.5.2 where you are a Pay-As-You-Go Client and only if you are a consumer not acting in the course of your trade, business, craft or profession, you shall be entitled to cease use of the Service and request for a refund equivalent to the remaining value of the PAYG Credits during the Fee Notice Period if you do not agree with the increase in the fees. If you do not request for a refund in accordance with this clause B3.5.2 within the Fee Notice Period and continue to use the Services, you shall be deemed to have accepted the increase in the fees.
  • B4. ADDITIONAL CLIENT OBLIGATIONS
  • B4.1 Egress is only obliged to provide you with the Services in accordance with the terms of this Agreement. Consequently, you are solely responsible for procuring that the Encrypted Data have been safely and securely delivered to your User and that your User is in receipt of such Encrypted Data.
  • B4.2 If you are a Pay-As-You-Go Client, it is your sole responsibility to ensure that you have sufficient PAYG Credits to use the Services.
  • B4.3 Subject to clause B5, any requests for the cancellation of the Services and the refund of the Subscriber Fee or PAYG Credits (whichever is applicable) shall be at the sole discretion of Egress.
  • B4.4 Egress shall not be liable whatsoever for any direct and/or indirect losses suffered by you in respect of clauses B4.1 and B4.2.
  • B5. CANCELLATION RIGHTS AND REFUNDS
  • B5.1 Subject to clause B5.4, you may cancel this Agreement at any time within seven (7) working days ("Cooling-off Period") beginning on the day after this Agreement is concluded.
  • B5.2 To cancel this Agreement during the Cooling-off Period, you must inform Egress in writing using the contact details as set out on the Website.
  • B5.3 Upon your cancellation of this Agreement under this clause B5, Egress shall refund you the Subscriber Fee or the sum equivalent to the PAYG Credit, whichever is applicable, within thirty (30) days of receiving your notice to cancel.
  • B5.4 For the avoidance of doubt, your right to cancel under clause B5.1 shall not apply:
    • B5.4.1 if you have made any use of the Services including without limitation, access by the User of any Encrypted Data sent by you using the Services; or
    • B5.4.2 upon the expiry of the Cooling-off Period.
  • B6. CLIENT REPRESENTATIONS AND WARRANTIES
  • B6.1 You hereby grant Egress a non-exclusive, worldwide, royalty-free licence to use, copy, cache, store and display and reproduce the Encrypted Data (including all intellectual property rights therein) for the purposes of Egress fulfilling its obligations under this Agreement.
  • B6.2 You hereby represent, undertake and warrant that:
    • B6.2.1 you own all rights in the Encrypted Data necessary to grant Egress the right to carry out its obligations pursuant to this Agreement; and
    • B6.2.2 the Encrypted Data does not and shall not contravene or breach any applicable law, regulation, code of practice or directive including, without limitation, investment or financial services legislation or consumer or trade regulation or data protection legislation or regulation and that the use of the Encrypted Data will not contravene any applicable law, regulation or industry standard; and
    • B6.2.3 the Encrypted Data does not and shall not infringe any intellectual property rights or other rights of any person, nor are they obscene, defamatory, libellous or slanderous, nor will it cause injury to, invade the privacy of or otherwise violate other rights of any person; and
    • B6.2.4 you shall be liable for all access to and use of the Services and shall pay the Subscriber Fee or the PAYG Credits (whichever is applicable) in respect thereof.
  • B6.3 You hereby represent that you shall (i) comply with all applicable local and foreign laws and regulations which may govern the use of the Services, and (ii) use the Services only for lawful purposes and in accordance with the terms of this Agreement.
  • B7. PROPRIETARY RIGHTS
  • B7.1 You are hereby granted a limited licence to use the Switch Client and such licence granted shall not be construed to convey title to or ownership of the Switch Client to you. The Switch Client may contain copyrighted material, trade secrets and other proprietary material. You hereby acknowledge and agree that Egress has sole and exclusive ownership of all right, title and interest in and to the Switch Client and any related trademark, trade secret, copyright or other intellectual property right with respect to the Switch Client are and shall remain the exclusive property of Egress and its suppliers. All rights in and to the Switch Client not expressly granted to you in this clause B7.1 are reserved by Egress.
  • B7.2 This clause B7 shall survive the termination of this Agreement however arising.
  • B8. ADDITIONAL DATA PROTECTION OBLIGATION
  • B8.1 You undertake to ensure that your use of the Services, the Switch Server and the Portal is compliant with all relevant statutory provisions, including but not limited to data protection, fraud and anti-money laundering regulations.
  • B8.2 In the event you process Personal Data using the Services, the Switch Server and the Portal, you undertake to act strictly in accordance and in compliance with the provisions of the Data Protection Act 1998 and any other applicable data protection regulations.
  • B8.3 You and Egress acknowledge and agree that you are the data controller and that Egress is a data processor in respect of the Personal Data (as such terms are defined in the Data Protection Act 1998). You therefore confirm that you are solely responsible for ensuring that any data processing and security obligations under this Agreement comply with applicable data protection law and anti-money laundering regulations. Egress shall only process Personal Data for the purposes of providing you with the Services. Egress has in place and shall maintain for the duration of these terms and conditions appropriate technical and organisational measures against the accidental, unauthorised or unlawful processing, destruction, or disclosure of such Personal Data and adequate security programmes and procedures to ensure that unauthorised persons do not have access to any equipment used to process such Personal Data.
  • B8.4 You hereby indemnify Egress in full and on demand against all losses, liabilities, damages, costs, claims and expenses (including but not limited to legal costs) arising from or incurred by Egress as a result of any failure by you to comply with this clause B8.
  • B8.5 Clauses B6, B7 and B8 shall in addition to the provision set out in clause 3.5, survive the termination of this Agreement however arising.
  •  
  • SECTION C: SPECIAL CONDITIONS FOR USERS
  • If you register to use the Services as a User, the provisions of this Section C shall apply to you in addition to the provisions in Section A.
  • C1. USER SERVICES
  • C1.1 Subject to the terms and conditions set out in this Agreement, Egress shall provide you with the Services more particularly set out as follows:
    • C1.1.1 use of the Switch Browser/Reader; and
    • C1.1.2 allocation of the Encryption key,
    • in order to un-encrypt the Encrypted Data.
  • C1.2 Nothing in this Agreement shall oblige Egress from providing you with any additional Services other than those set out in this Agreement.
  • C2. LIMITED LICENCE AND PROPRIETARY RIGHTS
  • C2.1 To the extent required by you to access and un-encrypt Encrypted Data you are hereby granted a limited licence to use the Switch Client or the Switch Browser/Reader and such licence granted shall not be construed to convey title to or ownership of the Switch Client or the Switch Browser/Reader to you. The Switch Client or the Switch Browser/Reader may contain copyrighted material, trade secrets and other proprietary material. All rights in and to the Switch Client not expressly granted to you in this clause C2.1 are reserved by Egress.
  • C2.2 This clause C2 shall in addition to the provision set out in clause 3.4, survive the termination of this Agreement however arising.

 

Egress Software Technologies Limited
Unit 16 Quadrant Business Centre
135 Salusbury Road
London NW6 6RJ

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